T K RAJU Vs. SECRETARY RTA

JUDGEMENT

(1.) THE petitioner applied for a substitute temporary permit of 20 days duration to operate a stage carriage on the route Cherthala-Alappuzha in the place of stage carriage bearing registration No.KL 13B 5299. By order passed on 19.11.2010, the Regional Transport Authority, Alappuzha rejected the said application. THE petitioner thereupon filed M.V.A.A No.368 of 2010 on the file of the State Transport Appellate Tribunal, Ernakulam. By Ext.P2 judgment delivered on 15.12.2010, the State Transport Appellate Tribunal allowed the appeal and directed issue of a temporary permit on the route Cherthala-Alappuzha if the application for renewal submitted by the stage carriage operator who was operating stage carriage bearing registration No.KL 13B 5299 is still pending. THEreupon the Secretary, Regional Transport Authority, Alappuzha issued Ext.P1 temporary permit for the period from 5.3.2011 to 24.3.2011. Since the said permit is to expire on 24.3.2011, the petitioner submitted Ext.P3 application dated 15.3.2011 for the grant of another temporary permit of 20 days duration commencing from 25.3.2011. This writ petition is filed contending that the respondent has declined to pass orders on the said application on the ground that Ext.P2 judgment of the State Transport Appellate Tribunal has no efficacy after the grant of Ext.P1 temporary permit. In this writ petition, the petitioner seeks a direction to the respondent to issue a temporary permit of 20 days duration by acting on Ext.P3 application and to periodically issue such permits so long as the application for renewal of the regular permit submitted by the stage carriage operator who was operating the stage carriage bearing registration No. KL 13B 5299, is pending.

(2.) I heard Sri.P.Deepak, learned counsel appearing for he petitioner and Sri.Basant Balaji, learned Government Pleader appearing for the respondent. Ext.P2 judgment of the State Transport Appellate Tribunal establishes the entitlement of the petitioner for the grant of a temporary permit so long as the application for renewal filed by the stage carriage operator who was operating the stage carriage bearing registration No. KL 13B 5299 on the route Cherthala-Alappuzha is kept pending. The petitioner has positively averred in the writ petition that the said application is even today pending. Pursuant to Ext.P2 judgment, Ext.P1 temporary permit of 20 days duration was also issued. The said permit will cease to be in force tomorrow. In such circumstances, I am of the opinion that the respondent should periodically issue temporary permit of 20 days duration to the petitioner, on the petitioner applying for the same so long as the application filed by the stage carriage operator who was operating the stage carriage bearing registration No. KL 13B 5299 on the route Cherthala-Alappuzha is kept pending or that till the said stage carriage operator applies for the grant of a temporary permit pending disposal of the said application. I accordingly dispose of the writ petition with a direction to the respondent to periodically issue temporary permits of 20 days duration to the petitioner, on the petitioner applying for such permits so long as the application for renewal submitted by the stage carriage operator who was operating the stage carriage bearing registration KL 13B 5299 on the route Cherthala-Alappuzha for renewal of the regular permit is kept pending or till the said stage carriage operator applies for the grant of a temporary permit pending disposal of the application for renewal. In view of the fact that the validity of the temporary permit now in force will expire on 24.3.2011, the respondent shall issue a fresh temporary temporary permit of 20 days duration tomorrow itself so as to enable the petitioner to operate the service without break.